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Synopsis

The Bombay High Court on Friday issued notices to the State Government, Maharashtra State Pollution Control Board, Ministry of Environment and Forest, and Central Pollution Control Board in a Public Interest Litigation (PIL) seeking a ban on plastic flowers with less than 100 microns.

The division bench of the high court, comprising Chief Justice Devendra Upadhyaya and Justice Amit Borkar, was hearing a PIL filed by the Growers Flowers Council of India (GFCI). The GFCI contended that the notification banning single-use plastic did not include plastic flowers.

The petition stated, relying on a report from the International Association of Packaging Research Institute (IAPRI), that the maximum thickness of plastic flowers is 30 microns, the minimum thickness is 29 microns, and the average thickness is 29 microns.

Advocate Aseem Naphade appearing for the petitioner contended that the state government issued a notification on March 8, 2022, banning single-use plastic with less than 100 microns. He added that although the notification included plastic sticks, ice cream sticks, plates, and cups, it did not mention anything about plastic flowers.

The bench noted that when the notification is read with The Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, plastic flowers ought to be banned as they cause significant harm to the environment and ecosystem.

Emphasizing the seriousness of the issue, Chief Justice Devendra Upadhyaya shared that during a visit to a protection home for kids in Lucknow, he discovered that plastic was found in the children's excreta.

“Mr. GP, I must tell you a horrifying experience. There is a protection home for over 200 destitute children in Lucknow contain those facing cerebral palsy etc and running well. But When I interacted with the person managing the home, those were children who could not differentiate between edibles and non-edibles and in their excreta, this plastic was found. It is shocking. Therefore, you have to be very serious,” the Chief Justice said.

Government Pleader PP Kakade submitted that the same report was relied upon in a case before the National Green Tribunal (NGT) and that the state has taken measures in response. He added that he would mention the implementation details in the reply.

The bench granted four weeks for the respondents to file their affidavits and an additional one week for the petitioner to file a rejoinder.

Case Title: GFCI vs UOI & Ors